To be able to work as a self-employed foreigner, you must meet a series of requirements, which vary depending on the person and their situation, and you can carry out the process whether you are in Spain or still in your country of origin.
Requirements to work as a self-employed foreigner
In order to start the process of registering as a self-employed foreigner, it is first mandatory to meet the requirements that the Ministry of Inclusion, Social Security and Migration stipulates in said contexts:
- Not to have a European Union country nationality: neither of the European Economic Area nor of Switzerland nor being a relative of a person who has it.
- Not to have a criminal record in Spain, in the country of origin if it is done locally, or in the country where you have lived for the last five years.
- Not to have a prohibition of entry to Spain. Nor in those countries with which the Spanish State maintains agreements of this type.
- To have the required professional qualification if the business idea demands it. The qualification must be approved, and in case of having experience in the area, this must be accompanied by its proof.
- To have sufficient investment for the project, for accommodation and maintenance.
- Not to be in the period of non-return of the country. In case the procedure is done in Spain, you must not be subject to the commitment to return to your country during the stipulated time.
- To be legally in the country, whether the process is done in Spain or in other countries outside the territory of origin.
- To comply with the national requirements for the opening and operation of the activity to be developed.
The project to be developed by the self-employed foreigner must be feasible. That is, have sufficient support to generate income for at least one year.
Documents needed to register and be a self-employed foreigner
All the submitted documents must have their respective copy and official stamps as appropriate. Those required by the Secretary of State for Migrations and which may vary depending on the activity are the following:
- Copy of the passport or travel document with a minimum validity of 4 months.
- Health certificate certifying that the applicant does not suffer from a condition included in the WHO International Health Regulations.
- Degree or accreditation that certifies that they have the respective experience in the area. This must be approved in those business projects that require it.
- Submit the Application for authorization of temporary residence and self-employment.
- A complete business project on the type of activity to develop. This must have a summary of its investment spending, the spectrum of profitability during the next year, and the possible jobs that it can generate.
- Proof that there is a complete economic investment from a reputable financial institution or similar organization.
- Criminal record certificate or equivalent.
- Authorizations or licenses that prove the legality of the project on Spanish soil. If it is still in process, it should be indicated at what point it is.
- If the activity is retail trade, these must be circumscribed to the Annex of Law 12/2012 and Law 30/1992. The corresponding tax and a declaration or communication on the conditions of the site must be submitted.
All documents must be legalized by the corresponding Spanish entities (Consulate of Spain and Ministry of Foreign Affairs and Cooperation). Unless it has the apostille of a regional authority or is exempt from its legalization according to the International Convention of The Hague.
They must also be translated into Spanish and/or the co-official language where the procedure will be carried out. The accreditation of the business project or of the economic investment can be done by the National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA), Union of Self-Employed Professionals and Workers (UPTA), Intersectoral Confederation of the Spanish State Self-Employed (CIAE) or other similar entities.
Procedures to register and work as a self-employed foreigner
The procedures for the temporary residence and self-employment must be done by the interested party and are carried out at the Consulate of Spain in your country or any other diplomatic mission that has permission to process it.
During a maximum period of 10 days after submitting the application, you must pay the corresponding immigration fees:
- Fee 052, for the initial authorization of temporary residence.
- Fee 062, for the initial authorization of self-employment.
The deadline for consular entities to respond to the application is 3 months. After that time, if there is no response, it should be understood that the application has been rejected.
In case of approval, the consular office will contact you with a notification. After this, you will have a month to present the following requirements:
- Passport.
- Medical certificate.
- Criminal record.
- Proof of visa fee.
From this moment, the Spanish office will have a month to review the requirements and approve or deny the visa. If it is approved, you will have 30 days to go and sign it.
As soon as you pick up your visa, you will have 3 months to enter Spain. If you do not do so within this period, the visa will be canceled.
Once in the country, you have 3 months to register in the Special Scheme for Self-Employed Workers (RETA) and register with Social Security. Depending on the type of project, entities can reduce the limit to just one month.
At this point, you have one month to request your Foreigner Identity Card (TIE).
Once the TIE is approved, you can legally work as self-employed for one year. Then, you can renew your permit for 2 more years as long as you have complied with the Spanish regulations regarding Hacienda and Social Security.
Other situations of registration of self-employed foreigners
There are other situations that you may encounter if you want to set up a business in Spain as a self-employed foreigner.
In these cases, you can also work as a self-employed, but you have to follow different processes depending on each case.
International protection of foreigners – Red Card
There are foreigners who are in Spain with a Red Card. It is named this way due to the color of the cardboard on which the Foreigner Identity Number (NIE) is printed.
Its official name is “Document certifying the status of the applicant in process of international protection”. Also commonly known as the “Red Refugee Card”.
That is, this document is given by an international protection order. The reasons for which it can be granted are:
- The granting of asylum
- Subsidiary protection
- Residence authorization for humanitarian reasons.
The initial red card is granted for a duration of six months (with an assigned NIE number), which does not mean that asylum, for example, has been definitively granted.
With this card, you cannot be expelled from the country and you can also apply for a health card, but on the contrary, you cannot work.
After six months you must return to the National Police Station to have your card renewed and this renewal will indicate that you are already authorized to work.
This card will be progressively renewed until a resolution is finally issued.
If you are granted asylum, the red card will be replaced by a Foreigner Identity Card (TIE).
Situation of Arraigo
If your situation is recognized as a foreigner in an Arraigo situation, the document itself indicates the conditions under which the temporary residence permit for exceptional circumstances is granted.
In addition, the modalities in which you are allowed to work in Spain will be included.
From this resolution, you will have a period of one month to request and obtain the Social Security Affiliation Number and to request your Foreign Identity Card (TIE).
UE Self-employed foreigner: EU Registration Certificate (CUE)
You may also be a foreigner from a country within the EU. In this case, you can work and reside in Spain.
All you need is to provide your passport and your EU Registration Certificate, the so-called Green Card or Green NIE, if your residence in Spain is going to be for more than 90 days.
However, on many occasions, Social Security poses problems when registering if you have not previously obtained your NIE. This forces, in many cases, to take a previous mandatory step: obtain your NIE number in the Immigration Office.
This is used in a limited way for procedures such as Social Security registration or opening an account in Spain as a foreigner.
While you process the Green Card, you can obtain a certificate. This document is valid to process the registration as a self-employed foreigner.
Residence Card for Family Members of a European Union Citizen
This situation may arise if you have an EU Family Member Card.
Although it does not specify whether or not you have the right to work, this type of document does authorize you to work for an employer or as self-employed.
On many occasions, the administrations facilitate the copy of the resolution by which they grant you this card. This resolution is used to register as a self-employed foreigner until the card is available.
In other words, in these cases, according to the regulations, it works like a card and enables you to work and reside in Spain until you obtain your TIE as an EU Family Member.
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